Court No. - 74
Case :- CRIMINAL APPEAL No. - 875 of 2007 Appellant :- Vindresh Respondent :- State Of U.P.
Counsel for Appellant :- P.C. Srivastava,Sanjay Kumar Singh Counsel for Respondent :- Govt. Advocate
Hon'ble Arvind Kumar Mishra-I,J.
Record reflects that in this case the appellant- Vindresh was tried by the concerned court of Additional Sessions Judge, Fast Track Court No.2, Kushinagar, Padrauna in Sessions Trial No.579 of 2005 and the judgement was delivered on 19.01.2007, whereby the appellant after being convicted under Section 376(2) IPC was sentenced to 10 years R.I.
Obviously, bail application of the applicant was rejected on 23.08.2011 by the then coordinate Bench of this Court. It appear that the appellant has suffered the entire sentence, then it would be appropriate and feasible in the interest of justice that a report be called from the concerned court and the concerned District Jail Superintendent where the appellant remained in detention during this period as to whether he has suffered the entire sentence and has been let off from the jail or is still under detention.
Let a report be called through the C.J.M. Kushinagar and a copy of this order be faxed to the C.J.M. Kushinagar with direction to direct the Jail Superintendent concerned to submit complete report in this regard. The report is directed to be submitted through C.J.M. Kushinagar.
It is made clear that in case, appellant has been released after suffering detention, then notice shall be issued by the C.J.M. Kushinagar at the address of the appellant with direction to the appellant to either appear in person or through counsel before this Court on the next date fixed.
List this case after one month.
Order Date :- 30.7.2019 Raj